Book Your Child’s Party Package Online

MARGARETS TEA & PLAY LTD

PARTY BOOKING TERMS & CONDITIONS

WHEREAS:

(1) We, Margarets Tea & Play Ltd provide Services at Events to clients who are “Consumers” (as defined by the Consumer

Rights Act 2015) and We have reasonable skill, knowledge and experience in that field.

(2) You wish to engage Us to provide the Services for Your Event (as defined in Clause 1 below), subject to the terms and

conditions of this Agreement.

(3) We agree to provide the Services set out in this Agreement to You for the Event, subject to the terms and conditions of this

Agreement.

IT IS AGREED as follows:

1. Definitions and Interpretation

1.1 In this Agreement, unless the context otherwise requires, the following expressions have the following meanings:

“Booking” means a booking (made as set out in this Agreement) for particular Services for an Event;

“Booking Form means the booking form provided by us containing details of the Services and the Event,

including the start and finish times of the Services;

“Business” means any business, trade, craft, or profession carried on by You or any other

person/organisation;

“Business Day” means Monday to Friday inclusive excluding bank and public holidays in England;

“Consumer”

means a “consumer” as defined by the Consumer Rights Act 2015, and in relation to this

Agreement means an individual who receives or uses Services from Us for the individual’s

personal use and for purposes wholly or mainly outside the purposes of any Business;

“Deposit” means the deposit amount stated in the Booking Form, being on account of the Fees;

“Entertainer” means Us or the person who We nominate to provide the Services for Us;

“Event” means any party or other event arranged by You and taking place at Your Premises of which

the Services We provide for You form part;

“Fees” means the total amount (calculated on the basis of Our Price List) payable for the Services;

“Our Premises” means the premises at Margaret’s 69 Market Place, Swaffham, PE37 7AQ

“Price List” means Our standard price list of Fees for Our Services.

“Regulations” means The Consumer Contracts (Information, Cancellation and Additional Charges)

Regulations 2013;

“Services” means the party arrangements including the venue hire as set out in the booking form;

“We/Us/Our” means the company whose name is set out above and whose place of business and contact

address is set out aboveand includes all Our staff (employees and agents)]

“You/Your” means the individual adult person to whom We agree to provide any Services for all or part of

an Event for the benefit of any child/ren; and

“your / the Premises” means the premises which the Booking Form states will be the venue for the Event

1.2 Unless the context otherwise requires, each reference in this Agreement to a Clause or sub-Clause is a reference

to a Clause of this Agreement;

1.3 The headings used in this Agreement are for convenience only and shall not affect the interpretation of this

Agreement;

1.4 Words signifying the singular number shall include the plural and vice versa;

1.5 References to any gender shall include the other gender; and

1.6 References to “writing”, and any similar expression, includes letter and electronic communications whether sent by

e-mail, or other means.

2. Booking Procedure

2.1 You must be 18 or over and a “Consumer” to book any Services.

2.2 We will not reserve or guarantee any time/date slot to provide Services nor will We provide any Services unless

and until You make a Booking and pay for them as follows.

2.3 You may make a booking enquiry by phone or by completing the enquiry form on Our website outlining the Services

required and the date and place of the Event concerned. When We receive Your enquiry We will respond to let you

know provisionally whether We are able to provide the Services that You require on the date, at the time, and at

the place required, and We will also advise You of the Fees payable based on the information You have given Us,

and We will ask you to complete the Booking Form. We will provide you with a Booking Form or You may use the

Booking Form on Our website.

2.4 If You would then like to proceed to make a Booking, You must fully complete and return/submit the Booking Form

to Us that We previously provide to You and also pay for the party when you return/submit the completed Booking

Form to Us.

2.5 You are responsible for making sure that the information on the Booking Form is accurate and complete. If You

provide Us with inaccurate or incomplete information, We will not be liable for any delay, non-performance or

incorrect performance caused by Your failure to provide us with accurate and complete information.

2.6 If You communicate any matter or detail to Us other than in the Booking Form, it will not have any effect or form

part of the Booking or the contract between Us and You, whether or not You communicate that matter or detail in

the enquiry form on Our website or in Your enquiry by phone or in person or in writing, unless We specifically agree

in writing that it will apply to the Booking.

2.7 By completing and returning/submitting a copy of this Agreement to Us signed by You, You confirm that you accept,

and agree to be bound by, the terms and conditions of this Agreement.

2.8 Your return/submission of a Booking Form to Us, and Your payment of those Fees will be an offer to make a

Booking on the terms and conditions of this Agreement for the particular Services and Event detailed in the Booking

Form, but whether We accept or decline that offer will be for Us to decide in Our absolute discretion.

2.9 We may in Our discretion accept Your offer once placed.

2.10 We will respond to Your offer within 5 Business Days after receiving Your Booking Form and Deposit by either

accepting Your offer (i.e. confirming that We have made the Booking) or by declining it. If We decline it, We will at

the same time refund Your Payment to You in full and will explain why We have had to decline Your offer.

2.11 Only if and when You submit to Us Your Booking Form and pay the Deposit and We have responded by sending

You written notice of confirmation of the Booking requested in the Booking Form will there be a “Booking” and only

then will there be a binding contract between You and Us.

3. Changes to Booking Details

You may request changes to your Booking at any time before the Event. We will use reasonable endeavours to

accommodate any requested change, but we shall be under no obligation to do so. If We do make a change requested by

You, We shall be entitled to amend the Fees as a result of the change in accordance with the Price List, and will notify You

of any such amendment to Fees within 5 Business Days of receiving the request to make the change, then:

3.1 If You accept the amended Fees, You may confirm the change and the amended Fees to Us in writing; or

3.2 If you are not willing to accept the amended Fees, You may confirm to Us in writing either that:

3.2.1 You wish to receive the Services at the original Fees agreed and without the requested change; or

3.2.2 You may cancel Your Booking on and subject to the cancellation provisions in this Agreement.

If You do not let us have any of the above confirmations within 5 Business Days after We notify You of the amendment to

Fees, the Booking shall remain unchanged and We will provide the Services at the original Fees agreed and without the

requested change.

4. Fees and Payment

4.1 You must pay us the event cost at the time of the booking.

4.2 You must pay the Fees for all Services that We fully and correctly provide to You.

4.3 You may pay Us the Fees for the Services using any of the following methods:

4.3.1 Cash at the cafe

4.3.2 Credit or debit card

4.3.3 Other agreed means displayed on our website.

4.4 We may alter the prices in the Price List without prior notice, but if any prices increase between the time when You

make a Booking and the date of the Event, the price increase will not apply to You and the Fees will therefore not

increase for the Event on that date.

4.5 All prices of Services shown in the Price List are inclusive of VAT.

4.6 If You state anything in the Booking Form which We were not aware of when We previously quoted the amount of

Fees payable and We decide that it necessitates altering that Fee quote, We will advise You of the revised Fee

amount and ask You whether You still wish to proceed. Unless You confirm that You do wish to proceed and You

pay the revised Fee amount, We will not accept the Booking.

4.7 The Booking Form must state Your estimate of the number of children who will attend the Event, and the amount

of the Fees payable will be based on that number as stated in the Price List. If, however, at any time after You

submit the Booking Form to Us but before the date of the Event You notify Us that You have revised the estimated

number, the amount of the Fees may be altered by Us where the revised number is greater than Your original

estimated number, and in that case Your revised estimate will be a change requested by You to your Booking for

the purposes of Clause 3 above.

4.8 If the number of children who attend the Event is more than than the last estimate You notified to Us, We reserve

the right to charge You an additional amount of Fees where We have adapted the Services to cater for the increased

number. The total Fees that You pay for the Services will then be the total amount that would be payable as stated

in the Price List for the actual number of children attending the Event. If We decide to charge that additional amount,

We will tell you at the Event and give You an invoice for that additional amount at the Event. That invoice will be

due at the time.

4.9 If the number of children who attend the Event is less than You previously estimated and advised to Us and if

according to the Price List, the Fees payable for the number attending is less than for the number that You

previously estimated and advised to Us, You will not be entitled to any reduction in Fees for that reason but where

the number is significantly less, on request We will consider the circumstances and in Our discretion decide whether

to make any reduction in Fees, and if We do so decide We will repay to You the amount by which We reduce the

Fees.

4.10 The calculation of the Fees is set out in our party menu.

5. Cancellation of Services and Consumer Rights

5.1 If, at any time after You pay Us all Fees in advance for all Services, You cancel the Services without giving Us the

prior notice that We require to be given as set out in this Clause 5, We will be entitled to keep some or all of those

Fees as set out in this Clause 5.

5.2 You may cancel the Services without charge if You give Us at least 14 days prior notice of the cancellation. If You

do so We will refund to You any sum(s) You paid in advance.

5.3 If You give Us prior notice to cancel the Services but do not give Us at least 14 days prior notice of cancellation of

the Services, We will be entitled to charge You for any net financial loss that We suffer due to Your cancellation,

but that charge will be limited to an amount equal to:

5.3.1 100% of the total Fees for the Services.

5.4 If, due to exceptional circumstances including, but not limited to, illness, accidents, or bereavement affecting either

You or the child for whom the Event has been arranged, or Your inability to run the Event due to non-availability of

the Event venue at Your Premises, You cancel the Services without giving Us at least 14 prior notice, We will

consider the circumstances and in Our discretion decide whether to waive any charge for late cancellation that We

are entitled to make under the above provisions of this Clause 5.

5.5 We may cancel the Services at any time before the time and date booked for the Services in the following

circumstances:

5.5.1 We have agreed that a particular individual (named in the Booking Form) is to be the Entertainer to provide

the Services, subject to sub-Clause 6.7, but that person becomes unavailable for any reason beyond Our

reasonable control and, in accordance with sub-Clause 6.7, We propose an alternative Entertainer who

You do not wish to accept. If We do decide to cancel the Services in such circumstances We will refund

to You in full the Fees You have paid Us for the Services less any costs We have incurred specifically for

the Services which We are unable to save or recover; or

5.5.2 An event described in sub-Clause 8 below occurs. If We do decide to cancel the Services in such

circumstances We will refund to You in full the Fees You have paid Us for the Services; or

5.5.3 You have not paid all of the Fees due and payable by that time. In that case, You will remain liable to Us

as if, and to the same extent as You would be liable, if You had cancelled the Services under sub-Clause

5.3 at the time We cancel under this sub-Clause 5.5.3; or

5.5.4 We find that you are not a “Consumer” (as defined in Clause 1 above). If We do decide to cancel the

Services in such circumstances We will refund to You in full the Fees You have paid Us for the Services

less any costs We have incurred specifically for the Services which We are unable to save or recover.

If We cancel the Services in such circumstances We will have no liability to refund Fees or other liability for that

cancellation except as above.

5.6 Prices for the Services are subject to change from time to time but We will try to give You as much prior notice as

possible of any such changes.

5.7 We may immediately terminate provision of the Services if:

5.7.1 any act or omission or conduct of any person(s) at the Event (whether that person is You or any other

adult or minor in Our reasonable opinion renders it unreasonable for the Entertainer to continue or it

amounts to Your breach of this Agreement; or

5.7.2 the venue is outdoors, and weather conditions make it unsafe, impracticable or unsuitable to provide the

Services outdoors and You do not have a back up plan to use an indoor area at Your Premises.

You will not be entitled to any refund of all or part of the Fees for Services not completed as a result in such a case.

5.8 Where the contract We make with You is not made on Our Premises, the Regulations give You the rights set out

in this sub-Clause 5.8, and they will be in addition to the rights given to You by the above provisions of this Clause

5. You may for any reason cancel a Booking during the 14 day period after the Booking is made, but if the Booking

is for any Services to be provided on a date which is before the end of that 14 day period, and if You have expressly

requested Us to provide such Services in that 14 day period and We do so, You may not cancel those requested

Services and You must pay for them in accordance with this Clause 5. If You request that Your Booking be

cancelled, You must confirm this in any way convenient to You. If You cancel as allowed by this sub-clause 5.8,

and You have already made any payment(s) to Us for the Booking, We will refund the payment(s) to You within 14

days of receiving Your cancellation less the amount due for the Services covered by that Booking that We have

provided.

6. Further Details of Our Obligations and Rights Relating to the Services

6.1 The following will apply to each Booking in addition to all details set out in this Agreement and in the Booking Form.

6.2 We will provide the Services:

6.2.1 with reasonable skill and care;

6.2.2 in accordance with all applicable statutory and regulatory requirements;

6.2.3 in accordance with the description of the particular type of Services set out in the Booking Form and in

any details relating to that particular type set out in Our brochure and on Our website; and

6.2.4 in a format and with content which We decide unless We specifically agree in writing to any particular

format and/or content in which case We will provide the Services in accordance with that agreement;

6.3 We will ensure that the Entertainer:

6.3.1 has a satisfactory up-to-date DBS check; and

6.3.2 is covered by public liability insurance cover for the provision of the Services.

6.4 We will provide all equipment, props and music and prizes for games required to provide the Services. We will not

provide any food, drink, or other goods or materials as part of the Services.

6.5 Neither We nor the Entertainer will be responsible to control, discipline, behaviour or ensure the safety of any

children attending the Event.

6.6 We will ensure that all electrical equipment that We use is maintained to a professional standard and wherever

possible, that backup equipment is available in the event of failure of Our equipment.

6.7 If We agree that a particular named Entertainer is to provide the Services, We will use reasonable endeavours to

provide that Entertainer. However, We will be entitled to arrange for an alternative Entertainer if for any reason the

Entertainer agreed becomes unavailable at any time to provide the Services at the Event.

6.8 If at any time You ask Us to begin any Services later than the time agreed for them as set out in the Booking Form

(whether or not due to the Event beginning later than the time stated in the Booking Form), and consequently We

have to begin the Services later than that agreed time, then, if the Entertainer arrives for the Event and is ready to

provide the Services at or before the agreed time, We will not be obliged to extend the Services beyond the time

agreed for finishing the Services set out in the Booking Form.

6.9 Clause not used.

6.10 Clause not used.

6.11 We will take account when providing the Services of any special needs of children due to attend the Event (provided

that you have made us aware of these needs prior to the Event) and will seek where reasonably possible to adapt

the Services to meet the interests of such children.

6.12 We will take account when providing the Services of the number of children You estimate in the Booking Form will

attend the Event. We will use all reasonable endeavours to adapt the Services if the number attending is fewer or

greater than that estimate. If, despite using all reasonable endeavours, the Services prove to be unsatisfactory due

to the actual number differing from Your estimated number by more than 1. We will not be responsible for the

Services being unsatisfactory for that reason and to that extent.

6.13 Clause not used

6.14 We will only make the Services available to a “Consumer” (as defined in Clause 1 above), and Your completion of

a Booking Form will be deemed to be Your confirmation that You will be a “Consumer” in connection with any

Booking by You.

7. Your Obligations

You must ensure that:

7.1 You are present throughout the time when We provide the Services;

7.2 the children attending the Event are properly supervised at all times by appropriate adults at a ratio of not less than

1 adult to no more than 15 children;

7.3 if any children attending the Event have special needs which may affect their ability to take part in the Services,

You provide Us with full details of such special needs at least 7 calendar days before the Event. You are responsible

for ensuring that such children are able to safely attend and engage in the Services;

7.4 neither You nor any other guest or other person at the Event uses or tries to use equipment or other property

belonging to Us or the Entertainer without the Entertainer’s express permission. You cannot assume that

permission will be given for use by You or any such person of any such equipment for any aspect of the Event

other than the Services provided by the Entertainer;

7.5 if any child/ren or You or any other adult(s) at Premises negligently cause damage to equipment or other property

belonging to Us or the Entertainer, You must reimburse Us for the cost of repairing/replacing the equipment or

property up to a maximum total amount of £1,000 for all items.

8. Events Beyond our Reasonable Control

8.1 We will not be liable for any failure or delay in performing Our obligations under the contract resulting from any

cause beyond Our reasonable control.

8.2 If any event described under sub-Clause 8.1 occurs that does or is likely to adversely affect Our performance of

any obligations under the contract, We will try to inform You as soon as is reasonably possible, Our obligations will

be suspended and any time limits that We are bound by will be extended accordingly. We will inform You when

that event is over and may suggest an alternative date and time when We can make the Services available. You

may, without liability to Us, cancel any Services which We do not provide due to that event, and We will refund in

full the Fees that You have paid to Us for the Services.

9. Limitation of Liability

9.1 We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of this

Agreement or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our

breach or negligence or if it is contemplated by You and Us when Our contract with You is created. We will not be

responsible for any loss or damage that is not foreseeable.

9.2 We provide and sell all Services to You only for Your personal and private use/purposes (for the benefit of You and

the child for whom the Event is arranged). We will not be liable to You for any loss of profit, loss of business,

interruption to business or for any loss of business opportunity.

9.3 Whilst we endeavour to ensure that the form and content of entertainment that We agree to provide will be suitable

for and enjoyed by the children at the Event, We are only able to take into account the age range to be catered for

if it is stated in the Booking Form. Provided that We reasonably endeavour to take into account that information in

the Booking Form, We will not be responsible or liable if any child at the Event is not content with or does not enjoy

the Services.

9.4 Nothing in this Agreement is intended to or will exclude or limit Our liability for death or personal injury caused by

Our negligence (including that of Our employees, agents or sub-contractors) or for fraud or fraudulent

misrepresentation.

9.5 Furthermore, if you are a “consumer” as defined by the Consumer Rights Act 2015, or a consumer for the purposes

of any other consumer protection legislation, nothing in this Agreement is intended to or will exclude, limit, prejudice,

or otherwise affect any of Our duties or obligations to You, or Your rights or remedies, or Our liability to You, under:

9.5.1 the Consumer Rights Act 2015;

9.5.2 the Regulations;

9.5.3 the Consumer Protection Act 1987; or

9.5.4 any other consumer protection legislation

as that legislation is amended from time to time.

For more details of Your legal rights, please refer to Your local Citizens’ Advice Bureau or Trading Standard Office.

10. Changes to Terms and Conditions

We may from time to time change the terms and conditions of this Agreement without giving You notice, but We will use Our

reasonable endeavours to inform You as soon as is reasonably possible of any such change.

11. How We Use Your Personal Information (Data Protection)

11.1 To the extent that You provide Us with any personal information, You warrant that that personal information is

accurate and complete.

11.2 For complete details of Our collection, processing, storage, and retention of personal data including, but not limited

to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of Your rights and

how to exercise them, and personal data sharing (where applicable), please refer to the Information Commissioners

Office for details.

12. Regulations

We are required by the Regulations to ensure that certain information is given or made available to You as a Consumer

before We make Our contract with You (i.e. before We accept Your offer comprising Your return of the completed Booking

Form and Your payment of the Deposit) except where that information is already apparent from the context of the transaction.

We have included the information itself either in this Agreement for You to see now, or We will make it available to You

before We accept Your offer. All of that information will, as required by the Regulations, be part of the terms of Our contract

with You as a Consumer.

13. Information

As required by the Regulations:

13.1 all of the information described in Clause 12; and

13.2 any other information which We give to You about any Services or Ourselves and Our business which You take

into account when deciding to make a Booking or when making any other decision about Services

will be part of the terms of Our contract with You as a Consumer.

14. Complaints and Feedback

We always welcome feedback from You and, whilst We always use all reasonable endeavours to ensure that Your

experience as Our client is a positive one, We nevertheless want to hear from You if You have any cause for complaint. If

You have any complaint about the Services or any other complaint about Us, please raise the matter with The Café Manager

who can be contacted at Our Premises.

Miscellaneous

15.1 If You make the Booking on behalf of a third party, You are responsible to ensure that the person(s) on whose

behalf You make the Booking complies with all of the terms and conditions of this Agreement.

15.2 No failure or delay by Us or You in exercising any rights under this Agreement means that We or You have waived

that right, and no waiver by Us or You of a breach of any provision of this Agreement means that We or You will

waive any subsequent breach of the same or any other provision.

15.3 If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or in

part the validity of the other provisions of this Agreement and the remainder of the provision in question shall not

be affected.

15. Law and Jurisdiction

15.1 This Agreement and the relationship between You and Us (whether contractual or otherwise) shall be governed

by, and construed in accordance with the law of England & Wales.

15.2 As a consumer, You will benefit from any mandatory provisions of the law in your country of residence. Nothing in

Sub-Clause 16.1 above takes away or reduces Your rights as a consumer to rely on those provisions.

15.3 Any dispute, controversy, proceedings or claim between You and Us relating to this Agreement or the relationship

between You and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England,

Wales, Scotland, or Northern Ireland, as determined by Your residency.